Consumer Protection Act

Question 1

What is the implementing agency with respect to food, drugs, cosmetics, devices and substances

Answer 1

department of health

Question 2

What is the implementing agency with respect to products related to agriculture

Answer 2

department of agriculture

Question 3

What is the implementing agency with respect to other consumer products

Answer 3

department of trade and industry

Question 4

Which consumer product standard or safety rule shall specify the date such rule is to take effect, which shall not exceed ___________ from the date promulgated unless to concern department funds, for good cause shown, that a later effective date is in the public interest and publishes its reason for such finding

Answer 4

90 days

Question 5

It means manufacturing or importing a product between the date of promulgation of its consumer product safety rule and its effective date, at a rate which is significantly greater than the rate at which such product was produced or imported during a base period as prescribed in the regulation under this paragraph, ending before the date of the publication of consumer product safety rule

Answer 5

stockpiling

Question 6

Any amendment or revocation of a consumer product safety rule made by the concern department shall specify the date on which it shall take effect which shall not exceed ________ from the date of amendment or revocation is published unless the concern department finds that a later date is is in the public interest

Answer 6

90 days

Question 7

The manufacturer shall avail of the __________________ which the department shall grant after determining the products compliance with the relevant standard in accordance with the implementing rules and regulations

Answer 7

philippine standard certification mark

Question 8

True or false. Samples of consumer products being imported into the philippines in a quantity does a sorry for purposes of determining existence of any of the causes for refusal of admission may be obtained by the concerned department or agency without charge from the owner or the consignee thereof

Answer 8

true

Question 9

The state shall promote and encourage fair, honest and equitable relations among parties in consumer transactions and protect the consumer against deceptive, unfair and unconscionable sales acts or practices

Answer 9

policy of state

Question 10

What department and forces the provisions of protection against deceptive unfair and uncontrollable sales acts or practices

Answer 10

department of trade and industry

Question 11

An act or practice committed by a producer, manufacturer, supplier or seller, through concealment, false representation of fraudulent manipulation, induces a consumer to enter into a sales or lease transaction of any product or service

Answer 11

deceptive act or practice

Question 12

An act or practice by a producer, manufacturer, distributor, supplier or seller, by taking advantage of the consumers physical or mental infirmity, ignorance, illiteracy, lack of time or general conditions of the environment or surroundings, induces to consumer to enter into a sales or lease transaction grossly inimical to the interest of the consumer or grossly one-sided in favor of the producer

Answer 12

unfair or unconscionable sales act or practices

Question 13

means sales devices whereby a person, upon condition that he makes an investment, is granted by the manufacturer or his representative a right to recruit for profit one or more additional persons who will also be granted such right to recruit upon condition of making similar investments: Provided, That, the profits of the person employing such a plan are derived primarily from the recruitment of other persons into the plan rather than from the sales of consumer products, services and credit: Provided, further, That the limitation on the number of participants does not change the nature of the plan.

Answer 13

chain distribution plans or pyramid sales scheme

Question 14

Home solicitation sales may be conducted only between the hours of __________________ of each working day provided that solicitation sales may be made at a time other than to prescribed hours where the person solicited has previously admitted the same

Answer 14

9:00 a.m. To 7:00 p.m.

Question 15

True or false. Anyone can conduct home solicitation since

Answer 15

false; it shall only be conducted by a person who has the proper identification and authority from his principle to make such solicitations

Question 16

This shall not be used in the sale of consumer products unless the seller execute in favor of the power of it an undertaking that will grant a specified compensation or other benefit to send file in return for each and every transaction consummated by seller which the persons referred by said buyer or for subsequent sales that centers has helped the seller enter into

Answer 16

referral sales; referral selling plans

Question 17

True or false. The provisions of the civil code on conditions and warranties shall govern all the contracts of sale with conditions and warranties

Answer 17

true

Question 18

All sales made by distributors of products covered by the consumer product and service warranties article shall be reported to the manufacturer, producer or importer of the products sold within ______________ from the date of purchase, on this otherwise agreed upon

Answer 18

30 days

Question 19

True or false. Failure of the distributor to make the sales report or send them the form required by the manufacturer, producer or importer shall relieve the latter of its liability under warranty

Answer 19

true

Question 20

The retailer shall be _____________ liable under the warranty in case of failure of both the manufacturer and distributor to honor the warranty

Answer 20

subsidiarily

Question 21

True or false. Stipulations contrary to the provisions of the consumer product and service warranties can be entered into

Answer 21

false

Question 22

A warranty that meets the minimum requirements in the enforcement of warranty or guarantee

a warranty that does not meet all the minimum requirements in the enforcement of warranty or guarantee

Answer 22

full warranty; limited warranty

Question 23

True or false. If the implied warranty on merchantability accompanies an express warranty, both will be of equal duration

Answer 23

true

Question 24

Any other implied warranty shall endure __________________ following the sale of new consumer products

Answer 24

60 days to 1 year

Question 25

Remedy for breach of express warranty (2)

Answer 25

repair or refund of purchase price

Question 26

In case the repair of the product in whole or in part is elected in case of breach of express warranty, the warranty work must be made to conform to the express warranty within _________ by either the warrant or or his representative. Such period however may be extended by conditions which are beyond the control of the warrant or or his representative

Answer 26

30 days

Question 27

True or false. In case the refund of purchase is elected, the exact purchase price shall be refunded to the consumer

Answer 27

false; the amount directly attributable to the use of the consumer to the discovery of the nonconformity shall be deducted

Question 28

Remedies for breach of warranty in case of implied warranty (2)

Answer 28

retain and recover damages or

reject the goods and recover from the seller the purchase price including damages

Question 29

True or false. Warranty shall not apply to professional services of cpas, architects, engineers, lawyers, veterinarians, and other professionals engaged in their respective professional endeavors

Answer 29

true

Question 30

Service firms shall guarantee workmanship and replacement for a period not less than _______ which shall be indicated in the pertinent invoices

Answer 30

90 days

Question 31

True or false. The prohibited acts on labeling and packaging also applies to wholesale or retail distributors of consumer products

Answer 31

false, except to the extent that such persons are engaged and the packaging or labeling of such products, prescribe or specified by any means the manner in which such products are packaged or labeled, having knowledge yet refused to disclose the source of the mislabeled or miss packaged products

Question 32

All consumer products domestically sold whether manufactured locally or important should indicate the following in their respective labels of packaging (TnTmBnAICCP)

Answer 32

trade name; trademark; business name; address; ingredients; contents; country of manufacturer if imported; if a consumer product is manufactured, refilled or repacked under license from the principal

Question 33

The label may contain the _____________________ if it is certified to have passed to consumer product standard prescribed by the concerned department

Answer 33

philippine product standard mark

Question 34

Additional labeling requirements for food (EPNIO)

Answer 34

expiry date; semi processed, fully processed, ready to cook, ready to eat, prepared food or just plain mixture; nutritive value; whether ingredients or natural or synthetic; others

Question 35

Which act or law shall apply in the labeling of drugs

Answer 35

generics act

Question 36

Additional labeling requirements for cosmetics (EIPO)

Answer 36

expiry date; irritant or not; precautions or contraindications; other labeling requirements